Legal Opinion

United States v. James Parker Carter

Court of Appeals for the Third Circuit

Decided April 25, 1980No. 79-1521PublishedCited by 28 opinions

1Opinion of the Court

OPINION OF THE COURT

GARTH, Circuit Judge.

In this appeal we are once again faced with a guilty plea which was not processed in accordance with the requirements of Fed. R.Crim.P. 11. We hold that the deviations from Rule 11 in this case constitute reversible error. Consequently, we vacate Carter’s sentence and remand to the district court for further proceedings. Moreover, because we are distressed by the numerous direct appeals generated by violations of the requirements of Rule 11, we caution the district courts to adopt procedures and to take the requisite care to comply fully with that Rule…

2Cases cited16 opinions

  1. Chapman v. CaliforniaSupreme Court of the United States · 1967
  2. Boykin v. AlabamaSupreme Court of the United States · 1969
  3. Santobello v. New YorkSupreme Court of the United States · 1971
  4. Pointer v. TexasSupreme Court of the United States · 1965
  5. McCarthy v. United StatesSupreme Court of the United States · 1969

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3Cited by28 opinions

  1. State v. BallardOhio Supreme Court · 1981
  2. United States v. Welty, John JacobCourt of Appeals for the Third Circuit · 1982
  3. White v. StateIndiana Supreme Court · 1986
  4. The United States v. Emmett Earl Fulford, Anthony J. Sanner. Appeal of Emmett Earl FulfordCourt of Appeals for the Third Circuit · 1987
  5. United States v. Frank CefarattiCourt of Appeals for the Third Circuit · 2000

23 more not listed; retrieve them via the Exa API.

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